Dismissed

Ganesh Pathak v. The State Of Bihar and Ors.

Patna HC16 May 2023CWJC/7086/2018

Case brief

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What is this about?

The petitioner challenged an order failing to recognize his pre-2008 services. The court disposed of the writ petition, granting liberty to the petitioner to approach the authority for reconsideration of his service-related claims within a specified timeframe.

What did the court decide?

Writ petition disposed of; liberty granted to petitioner to approach authority to reconsider claims regarding absorption benefits and determine the effective date of service recognition within three m

Ganesh Pathak Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7086 of 2018

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Ganesh Pathak Son of Sri Kant Pathak, Resident of Village-Maffi, Police Station-Warisaliganj, District-Nawada.

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... ... Petitioner/s

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Versus

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The State Of Bihar though the Principal Secretary Department of Finance, Bihar, Patna

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The Principal Secretary, Science and Technology Department, Bihar, Patna.

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The Secretary, Science and Technology Department, Bihar, Patna.

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The Director, Science and Technology Department, Bihar, Patna.

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The District Magistrate, Gaya.

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The Engineering College, Gaya.

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The Officer on Special Duty, Gaya Engineering College, Gaya.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Fakhruddin Ali Ahmad, Advocate For the Respondent/s : Ms.Archana Meenakshee-GP6 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

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ORAL ORDER

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5 16-05-2023 Heard learned counsel for the petitioner and learned

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counsel for the State.

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Learned counsel for the petitioner submits that order dated 17.11.2008 (Annexure 13) passed in purported compliance of the Court’s Order in C.W.J.C. No. 7325 of 2005 (Ganesh Pathak vs. The State of Bihar & Ors.) is not doing complete justice to the petitioner since the authorities have not recognized services of the petitioner rendered since 02.03.1983.

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The petitioner's counsel submits that the petitioner has been granted absorption against the pay-scale of Rs. 5200-

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Patna High Court CWJC No.7086 of 2018(5) dt.16-05-2023 2/2

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20200 carrying a grade pay of Rs. 1800 notionally with effect from 22.02.2008, whereas the said benefit was required to be extended to the petitioner with effect from 21.03.1984.

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The petitioner has not approached the Authorities for grant of such benefits and, therefore, the writ petition is disposed of with liberty to the petitioner to agitate the same claim before the Authority.

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Learned counsel for the petitioner submits that he would be submitting his claims within 4 weeks. The Authority should consider the same and dispose it by a reasoned and speaking order within a period of 3 months thereafter.

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The writ petition is disposed of.

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(Madhuresh Prasad, J)

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shyambihari/-

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Ganesh Pathak v. The State Of Bihar and Ors.

Case brief

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Ganesh Pathak v. The State Of Bihar and Ors.

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